In the case of drivers of stage carriages, on one
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of seven consecutive days (or two if a Bank Holiday is included), eight hours may be substituted for the period of nine consecutive hours for rest, so long as the driver has at least 12 consecutive hours for rest in the next period of 24 hours.
A further amendment to Section 19 is contained in Section 21 of the Road and Rail Traffic Act, 1933. It relates to the number of consecutive hours for rest which a driver must have in any specified period. No time can be so included when a driver is under the direction of his employer or has to remain on or near his vehicle, or when the vehicle is in a place where no reasonable facilities exist for the driver to rest away from it.
Two distinctions arising from these regulations should be noted. Section 19 of the 1930 Act applies to any motor vehicle constructed to carry goods other than the effects of passengers, as well as to the other types I have mentioned. It is not specified that it should carry an A, B or C licence. In contrast,
the Goods Vehicles (Keeping of Records) Regulations, 1935, require records to be kept by drivers of vehicles operated by holders of carriers' licences. As a result, should a goods vehicle be used in circumstances which do not require a carrier's licence, the driver is in the peculiar position of being bound by Section 19 as to hours of driving, but is under no obligation to record such times on a log sheet.
Non-driving Time The variations in non-driving time should also be clearly understood. In addition to actual driving time, any time spent in cpnneclion with the vehicle or its load, or, in the case of a public service vehicle, other than as a passenger, is reckoned as driving time. Moreover, as any two or more periods of time are deemed to be continuous unless separated by an interval of not less than half an hour, any such lesser period, regardless of the driver's actual activity, must again be treated as driving time.
Regarding hours of rest, there is also a difference to be noted between the break that must be allowed after a 5-1-hour spell of driving and the minimum of 10 hours' consecutive rest which must be allowed in any 24-hour period. Whilst the driver may take the half-hour break on or with the vehicle, if he has some refreshment with him, he must at no time be bound by his employer or remain near or. with his vehicle while taking his 10 consecutive hours' rest. This precludes the practice sometimes adopted abroad of providing sleeping facilities on the vehicle.
Subject to the variations permitted under the Orders of 1934 and 1937, it follows that a driver may work a total spread of 14 hours. For example, he may start dutyat 6.30 a.m. and work until noon, when he has a break of three hours. Resuming at 3 p.p., he does another spell of 51 hours driving, finishing at 8.30 p.m. He will then have worked 11 hours. Finishing at 8.30 p.m. will allow him to take 10 hours' con secutive rest before starting a similar spell of duty at 6,30 a.m. the following day.
In this connection, readers often inquire whether it is possible for two drivers to operate a vehicle continuously for 14 hours and still remain within the law, This can be done because of the provision permitting a driver to take his refreshment break of at least half an hour on the vehicle.
As it is not specified that the vehicle Must be stationary, the first driver could start at 6.30 a.m. and drive until noon, when the second driver could take over until 3 p.m. The first driver could then continue until 8.30 p.m. Neither man would have driven for more than 51 hours and, if they had refreshment with them, both would have been able to take more than the legal minimum of half-an-hour's rest.
In theory, the two drivers are legally allowed individually to drive 11 hours each, making a total of 22 hours, but it is not possible to do so in the example given here, because of the requirement that 10 consecutive hours' rest must be taken away from the vehicle. •
Another problem closely allied to the maximum period for which a vehicle may be operated concerns drawbar-trailer outfits necessitating the employment of mates. In such circumstances, a reader asks, is the continuous driving of the vehicle and trailer for 14 hours still legal?
This would not be possible, because, although the mate is not subject to the restrictions of Section 19 regarding the maximum hours he may work, he would, when acting as driver, have to reckon as driving time any other work he did in connection with the vehicle or its load. As this would include any time spent on duty as a mate, it would not be permissible to exceed the normal maximum of 11 hours.
It -would, however, be possible to keep the outfit operating for 14 hours if two drivers as well as a mate were employed. Underthis arrangement the two drivers would share their duties as described when operating solo, whilst the mate would work the full 14 hours. This he could legally do, because there is no limitation on the length of his duties while employed in that capacity. Commercially, however, the circumstances must be exceptional to justify more than doubling the wage cost in order to increase the vehicle operating time from 11 to 14 hours, even after allowing that all legal requirements have been met.
Further Misunderstanding
A further misunderstanding sometimes arises because Section 19 refers to goods vehicles, whereas other relevant regulations refer to vehicles operating under specific licences. Thus, the provision that a driving spell of eight hours may be substituted for 51 hours refers only to drivers of goods vehicles operating under A or B licences issued in England and Wales. But the concession that 10 consecutive hours of rest may be reduced to nine applies to C-licence holders as well as A and B, and, in fact, to all drivers covered by Section 19.
A further point arises regarding the concession applicable to B-licence drivers, As the words used are "A or B licences issued in England or Wales" it follows that such vehicles could, in fact, take advantage of these provisions while in Scotland. Vehicles operating under A or B licences issued in Scotland would, however, be unable to take advantage of it, wherever they might be employed.
The provisions which limit the time drivers may remain on duty do not apply to vehicles owned by, or under the order of, the Admiralty, War Department or Air Ministry.